Effective January 1, 2014, Eighth Circuit Chief Judge William Jay Riley appointed Jason W. Grams to a four-year term as the Nebraska member of the Federal Advisory Committee to the Eighth Circuit Court of Appeals.  Established by 28 U.S.C. § 2077(b), the committee’s primary purpose is to make recommendations to the court regarding its rules and operating procedures.  Jason will also serve on the attorney admission fee fund subcommittee.  His [...]

Partner Craig Martin will be presenting to the American Society of Professional Estimators (ASPE) on October 8th on the differences between Litigation and Arbitration, and how Mediation can factor into both.  He will also be reviewing contract language and the impact that language can have on how a company may pursue or defend claims on a project.

LDM Partner Cathy S. Trent-Vilim recently obtained an arbitration award in her Client’s favor in a crop insurance case.  The claimant alleged that the crop insurer improperly removed the claimant’s New Producer status, resulting in an overpayment of indemnity benefits.  The parties agreed to proceed under expedited procedures and to submit the matter to the arbitrator in writing.  Three business days after the claimant submitted his rebuttal submission, the arbitrator [...]

Lamson, Dugan & Murray is proud to announce that 7 of its partners have been selected by their peers to be included in The Best Lawyers in America® 2015.  In addition, 2 partners have been recognized as “Lawyer of the Year” in their respective fields, where only a single lawyer in each specialty in each community is honored. William M. Lamson, Jr. Best Lawyers® 2015 in Bet-the-Company Litigation Best Lawyers® [...]

LDM Partner Bill Settles recently completed a weeklong medical malpractice jury trial in the Lancaster County District Court.  The jury returned a verdict in favor of LDM’s clients, two orthopedic surgeons from Lincoln, NE.  The case involved the treatment of a complex ankle fracture in a fifteen year-old patient.  The patient developed a growth arrest in the ankle and required surgery to correct the resulting deformity.  He went on to [...]

Partner Dave Schmitt published an article in the Creighton Law Review:   David J. Schmitt, The Computer Fraud And Abuse Act Should Not Apply To The Misuse Of Information Accessed With Permission, 47 Creighton L. Rev. 423 (2014).  The article analyzes the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which has been the subject of conflicting and contrary judicial interpretations as to whether it is limited to violations of [...]

Partner Denise Destache presented at the Nurse Leader Immersion Weekend sponsored by the University of Nebraska Medical Center at its Kearney campus on June 28th.  The presentation was on legal issues in nursing and included lecture, case evaluations, and mock depositions.  The seminar was attended by nurse administrators, nurse educators, and nurses enrolled in advanced practice nursing programs.

Partner Brian Brislen presented What I Learned About Litigation From Teaching Trial Advocacy at the Nebraska Defense Counsel Association's Annual Meeting on June 6, 2014, at Wilderness Ridge Golf Course in Lincoln, Nebraska.  Mr. Brislen currently serves as an adjunct faculty member for Creighton School of Law and has taught trial practice classes and legal writing and lawyering skills.

Michael Storey has joined our Litigation Department as an associate attorney.  He received his law degree from St. Louis University School of Law and bachelor's degrees in Accounting and Finance from Creighton University.  Mr. Storey worked two years for the Nebraska Supreme Court as a clerk to the Honorable Michael McCormack prior to joining the Firm.

On May 14th, Denise Destache presented to the Nebraska Organization of Nurse Leaders (NONL).  The members of NONL are nursing leaders from Nebraska health care facilities, agencies, and colleges of nursing.  The topic of the presentation was "The Role of Nurse Leaders in Preventing and Responding to Malpractice Claims.

We are pleased to announce that our Construction Contractor Advisor blog was selected as the 2014 Best Construction Blog by Construction News and Report Group.  You can see the blog by clicking here.  The judges for the competition evaluated the competitors’ blogs for frequency, design, writing quality and relevance, and found our Construction Contractor Advisor blog to be a good resource for all things related to construction law.

Cathy Trent-Vilim joins the Omaha Network (ON).  Started in 1979, the Omaha Network is an invitation-only, limited membership networking group for business women in Omaha.

On April 10, 2014, Ryan Crnkovich won the championship round of Professor R. Collin Mangrum's annual trial competition at Creighton University School of Law.  Ryan, along with his partner Skyler Pearson, competed in seven trials during the course of the competition before being named the tournament champions.  The competition took place over the course of four weeks, with over forty second year law students competing in the tournament.  The winners [...]

From March 24-26, 2014, Sarah Smith traveled to Washington, DC to participate in the Arthritis Foundation’s annual Advocacy Summit.  Ms. Smith has been involved with the Arthritis Foundation for over a year and was asked to lend her advocacy skills in support of the Foundation.  While attending the Summit, Ms. Smith met with Nebraska Members of Congress and their staff to discuss policy initiatives that the Foundation supports.  She will [...]

Kristine Flott, a legal administrative assistant with LDM since 1998 has been named OLPA Legal Professional of the Year.  The Omaha Legal Professionals Association receives nominations each year and selects one professional through letters of recommendation and votes by legal professionals in the community.   We are proud of Kris and her accomplishments at LDM and her involvement with OLPA.

On April 4, 2014, Sarah Macdissi will participate as a panelist on the Creighton Career Center's event, "Exploring Healthcare Careers".  The panel will present career options and directions to 150-300 students interested in healthcare but are not certain of the many directions that are afforded them when deciding their personal direction.  The panel encourages students to search beyond what they typically view as healthcare-focused careers.

LDM partner Cathy Trent-Vilim recently received a favorable arbitration award in a contract dispute between her insurer client and the client’s former agent.  The arbitrator issued his ruling only ten days after the proceeding ending, awarding the client all of its damages.

LDM attorneys Mark Novotny and Sarah Macdissi have obtained a ruling from the Nebraska Court of Appeals affirming the dismissal of a dental malpractice lawsuit.  The Plaintiff’s Complaint was dismissed on summary judgment because the Plaintiff failed to rebut the prima facie evidence that the defendant dentist had met the standard of care in his treatment of the Plaintiff.  The Nebraska Court of Appeals upheld the dismissal.

LDM Business Litigation Partner Brian Brislen was a contributing editor to the 2014 edition of Business Torts A Fifty State Guide published by Wolters Kluwer.  Mr. Brislen contributed the Nebraska Chapter to the book designed to provide a succinct summary of the business torts laws of the fifty states and the District of Columbia.  Mr. Brislen was assisted in this project by LDM law clerk Jonathan Cox. LDM has a [...]

Omaha Magazine has released the Omaha results of The Best Lawyers in America for 2014.  This list is an excerpt from The Best Lawyers in America which includes listings for more than 50,000 lawyers in 128 specialties, in all 50 states who have been chosen through an exhaustive survey in which top lawyers confidentially evaluate their professional peers. Partner William M. Lamson was recognized in his fields of Bet-The Company [...]

David J. Schmitt has earned a Master of Laws degree from the University of Nebraska College of Law.  He received the LL.M. degree in Space, Cyber, and Telecommunications law.  David is a partner with the firm and represents corporations and individuals in a broad spectrum of legal matters, including railroad defense under the Federal Employers' Liability Act, product liability, insurance defense, and commercial and tort litigation.

On January 17, LDM Attorney, Sean Minahan, obtained a defense verdict on behalf of Johnson Sand & Gravel, Co. in Polk County, Nebraska, which was sued by a neighboring landowner for crop damage caused by flooding.  The landowner alleged Johnson Sand & Gravel negligently blocked the natural drainage of rain water in the area causing water to back up onto the landowner’s fields resulting in approximately $200,000 in lost corn [...]

Presenting to the Johnson County Hospital Medical Staff, LDM Partner Mark Novotny recently spoke on current topics concerning health care and risk management.  Attended by medical, nursing and physician assistant staff, the Power Point slide show and discussion provided examples of critical situations and solutions to avoid patient misunderstandings and avert medical malpractice claims and lawsuits before they start.

This coming spring, Partner Cathy Trent-Vilim will be teaching a three hour course at UNL College of Law focusing on trial techniques, such as voir dire, opening/closing, direct and cross examination, etc.  The students will be comprised of third year law students.  The class will include some lecture but the emphasis will be on practical application culminating in a mock trial.

After a challenge was declared between first and second floor employees of Lamson, Dugan and Murray, over 1,700 pounds of food was delivered to the Food Bank for the Heartland last week.  While the second floor employees were the victors in this challenge, we are proud of each and every member of Lamson, Dugan and Murray for contributing to those less fortunate.

Together with a representative of a client’s office, Bill Lamson was invited to speak at the Fall Meeting of the National Association of Railroad Trial Counsel (NARTC), held October 9-12, 2013 in San Diego, California on the subject of the status of the ongoing Nebraska litigation involving a total of 34 lawsuits filed by current and former railroad employees.  The lawsuits were filed against our client under the Federal Employers’ Liability [...]

This week, Thomson Reuters’ research-driven rating service released its 2013 Super Lawyers Business Edition.  The publication includes attorneys from over 8,500 firms who are at the top of their field in various areas of business law.  Attorneys are selected by a combination of peer nominations and third party research to identify those who have excelled in their area of practice. Partners William M. Lamson, Daniel P. Chesire and Kyle Wallor [...]

Partners Mark Novotny and William Settles were honored and inducted in to the American Board of Trial Advocates ("ABOTA").  Formed in 1957, membership in ABOTA is by invitation only.  Trial lawyers who are of high personal character and honorable reputation may become a member of the ABOTA upon nomination and election.  ABOTA's mission is to foster improvement in the ethical and technical standards of practice in the field of advocacy [...]

LDM Partner Mark Novotny recently presented to the Regional Advisory Board of Physicians on the topics of Common Medical Records Charting Errors and Social Media in Medicine.  Mr. Novotny provided insight and examples of appropriate charting, mistakes in medical records and risks associated with documentation of health care providers.  In addition, Mr. Novotny discussed how the growth and prevalence of social media can impact health care and expose medical providers [...]

The Nebraska State Bar Foundation has announced that LDM Partner Mark E. Novotny has been selected to its 2013 Class of Fellows. Lawyers are nominated by existing Fellows and only 30 lawyers receive the Fellow title annually.  Those considered for the honor must display integrity, be an established Nebraska lawyer dedicated to improving the administration of justice, provide civic service and be a leader in the legal profession recognized by [...]

This year, LDM participated in the United Way Day of Caring where volunteers throughout the Omaha community volunteered their time supporting nonprofit organizations.  LDM had 20 employees helping Elmwood Neighborhood Association with planting trees and shrubs, trimming bushes and spreading mulch in midtown neighborhoods.  Nearly 800 individuals throughout the metro area participated in this event impacting 41 nonprofit organizations in our community.

On October 3rd, Partner Cathy Trent-Vilim presented at the Nebraska Defense Counsel Association at the Nebraska State Bar Association annual meeting.  The presentation was titled, E-Discovery: One View From the Trenches and discussed practical considerations and tips when dealing with large-scale electronic discovery.

LDM attorneys Brian Brislen and Jason Grams will be presenting portions of the National Business Institute’s “Representing Your Client in Federal Court” seminar on November 15, 2013, at the Scott Conference Center.  The seminar is designed for lawyers and other legal professionals and will afford active licensed Nebraska attorneys six hours of continuing legal education credit in Nebraska.  Mr. Brislen will present sections on “Developing a Successful Trial Strategy” and [...]

On Sunday, June 23rd, Partner Denise Destache gave a 3 hour presentation, including lecture, case study analysis, and mock depositions, to nurses enrolled in the UNMC Nurse Leader/Executive Advanced Development (LEAD) Program.  This is a Masters level program for nurse managers, administrators, and advanced practice nurses, aimed at developing their analytical skills with regard to legal, regulatory, risk management, and ethical issues, and to integrate these skills into their roles as [...]

Partner Bill Settles presented to the 8th Annual Midwest Regional NICU Conference on August 22, 2013.  This conference was sponsored by the Nebraska Neonatal Advanced Practice Association and was attended by nurses, nurse practitioners and physicians assistants who practice in the neonatal intensive care setting.  The subject matter dealt with common charting errors and their role in litigation as well as emerging problems with the use of social media in [...]

Katie French has joined our Business Department as an associate attorney after clerking for the Firm for several years.  Ms. French graduated from Creighton University School of Law.  She also received her bachelor’s degree from Creighton University, majoring in Economics. While at Creighton, she was selected as research assistant to Professor Catherine Brooks. Ms. French participated in the Street Law program, where she taught legal topics to seventh grade students [...]

LDM would like to recognize the accomplishments of two of its clients, Midwest Independent Practice Physicians Association and Midwest Independent Physicians, LLC, for the successful development of its health care insurance plans.  The insurance plans are identified as “MIPPA” with Coventry as the company provider and all of their plans are currently available for enrollment on the Nebraska health insurance exchange with options under Bronze, Silver and Gold plans.

The American Board of Trial Advocates (ABOTA) elected LDM partner Bill Settles to its membership at its June meeting.  ABOTA is one of the premier trial advocacy organizations in the country.  Membership in ABOTA is limited to trial attorneys with extensive courtroom experience who exhibit high personal character, who have an honorable reputation, and who are proficient in the courtroom.  Membership requires nomination by a member of ABOTA and an [...]

LDM would like to welcome three new Law Clerks to the Firm this summer as well as a new Human Resources Manager. Kate Geyer will be a 3rd year law student at University of Nebraska at Lincoln where she also received her Bachelor's degree in History and Medieval & Renaissance Studies.  Jonathan Cox will be a 2nd year law student at Creighton University.  He received his Bachelor's degree from University [...]

LDM attorneys Mark Novotny, John Walker and Sarah Macdissi recently obtained a ruling from the Nebraska Supreme Court affirming a dismissal of the plaintiff's complaint against a Physical Therapy clinic based on the plaintiff's failure to timely file her lawsuit.  In Churchill v. Columbus Community Hospital, the Court agreed that Physical Therapists are professionals, and that the patient's fall in exiting an aquatic therapy pool, after being evaluated by her [...]

Partners Mark Novotny and Denise Destache recently participated in the dinner and presentation to 86 medical residents from the University of Nebraska Medical Center discussing issues of Nebraska state licensure investigations, prescription of controlled substances and documentation.  The presentation was in conjunction with attempts to prepare physicians in the area of risk management.

Law school graduates in the Midlands have a brighter prospect of being hired than those on the coasts. Admission to law schools for the fall, has decreased nationally. In a recent article in the Omaha World Herald, partner Brian Brislen relates that new graduate hires, at the firm has actually increased this year compared to the previous two. Competition for these positions has grown with the increase in the number [...]

LDM attorneys Craig Martin and Jason Grams convinced a jury that their client, a local university, did not discriminate against one of its students.  The student alleged that he was removed from the Nursing Program because of his disability.  The university disagreed, asserting that the student was removed from the Nursing Program because he failed to meet the expectations of a senior nursing student. The trial took four days to [...]

LDM attorneys, led by Mark Novotny, Pat Vipond and Cathy Trent-Vilim, recently secured a $33.5 million settlement for a large commercial client in a highly complex and contentiously-litigated matter.  Over the course of the three and a half year suit, LDM successfully defeated three separate motions to dismiss and two motions for summary judgment (which span more than 500 pages of combined briefing and thousands of pages of evidence).  The [...]

Partner, Sean Minahan recently spent 12 days traveling in Hong Kong, Vietnam and Taiwan as a member of the Nebraska LEAD Class 31.  Throughout the educational travel seminar, the group met with governmental and corporate representatives from each country’s agricultural sector.  The prevailing theme of the experience was the U.S. agriculture’s role in S.E. Asia’s food supply and how that role may change in the future.  You can contact Sean [...]

LDM attorneys Bill Lamson and Cathy Trent-Vilim recently obtained a ruling from the Nebraska Supreme Court affirming a $1 million plaintiff's verdict.  In Werner v. County of Platte, the Court rejected the County's objections to the trial court's receipt of certain evidence, and its determination that the plaintiff was an "innocent third party" for purposes of Nebraska's vehicular pursuit strict liability statute, and upheld the trial court's judgment for Mr. [...]

Cathy S. Trent-Vilim recently published "They're Not My Clients - What Do You Mean I Owe Them a Duty of Care?" in the January, 2013 edition of the Nebraska Defense Counsel newsletter.  The article discusses the Nebraska Supreme Court's recent expansion of an attorney's duties to third parties.  You can read the full article at https://www.dropbox.com/s/al85okak2zaqrbs/They%27re%20Not%20My%20Clients.pdf

Congratulations to LDM partner Mark E. Novotny, for his recent induction in the American Board of Trial Advocates (ABOTA).  ABOTA is an invitation-only organization aimed at elevating the standard of integrity, honor, and courtesy in the legal profession.  It seeks out attorneys who display the skills, civility and integrity to help younger attorneys achieve a higher level of trial advocacy and educate the public about the vital importance of the [...]

JoAnna Thomas was recently appointed as interim Vice Chair of the Executive Committee for the Omaha Bar Association's Young Lawyers Division.  Ms. Thomas participated in the Omaha Bar Association's Young Lawyers Division Exploratory Committee from June through December, 2012.  The exploratory committee examined areas in which a Young Lawyers Division could benefit newer members of the bar and encourage community involvement in Omaha and participation in the OBA.  The exploratory [...]